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Medibank ordered to pay $5M for misleading members over coverage for critical surgery
Competition & Consumer Protection 2020-07-16 1:20 pm By Christine Caulfield

A judge has ordered private health insurer Medibank to pay $5 million in penalties for rejecting the claims of hundreds of members who were entitled to coverage for critical medical procedures, including spinal surgery.

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P&G says stores will stop stocking its whitening toothpaste if Colgate case isn’t fast tracked
Competition & Consumer Protection 2020-07-15 6:30 pm By Alison Eveleigh

Personal care giant Procter & Gamble has told a court that some of its Oral B teeth whitening products may be taken off retailer’s shelves if its lawsuit, which alleges competitor Colgate-Palmolive made misleading claims that its whitening toothpaste can remove 10 years of stains, is not expedited.

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What barristers love and loathe about their instructing solicitors
Feature 2020-07-14 8:00 pm By Miklos Bolza

When it comes to briefing barristers, solicitors lie on a spectrum of awesome to irksome. In a series of interviews with Lawyerly, some of Australia’s top counsel reveal what they like and what they don’t like about their instructing lawyers.

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Seqwater appeals 50 percent damages ruling in Queensland floods class action
Appeals 2020-07-14 7:42 pm By Christine Caulfield

Dam operator Seqwater is challenging a decision that put it on the hook for 50 per cent of any damages payouts to thousands of members of a long-running class action over the 2011 floods that destroyed 2,000 Queensland homes.

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False teeth claims: Procter & Gamble sues Colgate over whitening toothpaste
Competition & Consumer Protection 2020-07-07 10:00 pm By Alison Eveleigh

Personal care giant Procter & Gamble has filed a lawsuit alleging competitor Colgate-Palmolive has violated the consumer law by falsely claiming that its whitening toothpaste can remove 10 years of stains.

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Dentons can’t block use of info from its class action in latest toxic foam case by Shine
Class Actions 2020-06-30 4:47 pm By Cat Fredenburgh

Shine Lawyers has been given the go ahead to use two reports produced in three settled PFAS class actions as evidence in its latest case over the Defence Department’s firefighting foam, with a judge saying any implied undertaking not to re-use the material lost force when the information became public.

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Brexit, COVID-19 no reason to alter security terms in Gladstone Ports class action, judge says
COVID-19 2020-06-29 5:56 pm By Miklos Bolza

A judge has rejected claims by Gladstone Ports Corporation that security for costs in a $100 million class action by commercial fishing operators should not be paid through a London-based insurer because of the impact of Brexit and COVID-19.

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Facebook claims it can’t be sued by Aussie privacy watchdog
Privacy & Cybersecurity 2020-06-26 4:25 pm By Miklos Bolza

US-based Facebook has argued that it does not carry on business in Australia despite users in Australia accessing its website, calling for the dismissal of action brought by the Australian Information Commissioner over alleged privacy breaches.

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Full Court flushes ACCC appeal of wipes ruling
Competition & Consumer Protection 2020-06-15 3:55 pm By Cat Fredenburgh

The Full Federal Court has thrown out the ACCC’s challenge to a ruling dismissing its case alleging Kimberly-Clark made misleading representations about its flushable wipes.

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Lawyers want virtual hearings to stay in a post-COVID world
COVID-19 2020-06-10 12:45 pm By Miklos Bolza

Restrictions to combat COVID-19 that forced Australia’s courts to go virtual have had unforseen benefits, and Australia’s top law firms say they don’t want online hearings to be scrapped when social distancing measures are eased.

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